Petitioner Type: Workers
Impact Date: 09/02/2007
Filed Date: 09/03/2008
Most Recent Update: 11/07/2008
Determination Date: 11/07/2008
Expiration Date: 01/15/2011
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,976
STAUBLE MACHINE AND TOOL CO., INC.
LOUISVILLE, KENTUCKY
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated December 2, 2008, petitioners requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA) applicable to workers and former workers of the subject
firm. The determination was issued on November 7, 2008. The
Notice of Determination was published in the Federal Register on
November 25, 2008 (73 FR 71696).
The initial investigation resulted in a negative
determination based on the finding that imports of metal stamping
parts did not contribute importantly to worker separations at the
subject firm and no shift of production to a foreign source
occurred.
In the request for reconsideration, the petitioner provided
additional information regarding subject firm’s production
facility in Mexico and alleged a shift in production from the
subject firm to Mexico.
The Department has carefully reviewed the request for
reconsideration and the existing record and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 10th day of December 2008.
/s/ Elliott S. Kushner
_________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,976
STAUBLE MACHINE AND TOOL CO., INC.
LOUISVILLE, KENTUCKY
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated in response to a petition
received on September 3, 2008, and filed jointly by the
International Association of Machinists and Aerospace Workers (IAM)
District Lodge No. 27 on behalf of, and by workers at Stauble
Machine & Tool Co., Inc., Louisville, Kentucky. The workers
produced metal stamping parts.
The investigation revealed that criteria I.C. and II.B are not
met.
The subject firm did not import metal stamping parts, nor did
it shift production to a foreign country during the relevant
period.
The Department of Labor conducted a survey of the subject
firm’s major declining customers regarding their purchases of metal
stamping parts in 2006, 2007 through August 2008. The survey
revealed that customers did not import metal stamping parts.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Stauble Machine &
Tool Co., Inc., Louisville, Kentucky are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 7th day of November 2008
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-63,976
STAUBLE MACHINE AND TOOL CO., INC.
LOUISVILLE, KENTUCKY
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated December 2, 2008, petitioners requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA) applicable to workers and former workers of the subject
firm. The determination was issued on November 7, 2008. The
Notice of Determination was published in the Federal Register on
November 25, 2008 (73 FR 71696).
The initial investigation resulted in a negative
determination based on the finding that imports of metal stamping
parts did not contribute importantly to worker separations at the
subject firm and no shift of production to a foreign source
occurred.
In the request for reconsideration, the petitioner provided
additional information regarding subject firm’s production
facility in Mexico and alleged a shift in production from the
subject firm to Mexico.
The Department has carefully reviewed the request for
reconsideration and the existing record and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 10th day of December 2008.
/s/ Elliott S. Kushner
_________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,976
STAUBLE MACHINE AND TOOL CO., INC.
LOUISVILLE, KENTUCKY
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated in response to a petition
received on September 3, 2008, and filed jointly by the
International Association of Machinists and Aerospace Workers (IAM)
District Lodge No. 27 on behalf of, and by workers at Stauble
Machine & Tool Co., Inc., Louisville, Kentucky. The workers
produced metal stamping parts.
The investigation revealed that criteria I.C. and II.B are not
met.
The subject firm did not import metal stamping parts, nor did
it shift production to a foreign country during the relevant
period.
The Department of Labor conducted a survey of the subject
firm’s major declining customers regarding their purchases of metal
stamping parts in 2006, 2007 through August 2008. The survey
revealed that customers did not import metal stamping parts.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Stauble Machine &
Tool Co., Inc., Louisville, Kentucky are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 7th day of November 2008
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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